Legal Opinion

Holder v. Prudential Insurance Co. of America

Court of Appeals for the Fifth Circuit

Decided January 21, 1992No. Nos. 91-8071, 91-8184PublishedCited by 1 opinion

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

Plaintiff-appellant Joe Frank Holder sued defendants-appellees Prudential Insurance Company of America and its agent, Andy Mathis for coverage of a medical procedure performed on his now-deceased wife. The district judge found that the treatment was “experimental in nature” and had not yet been “commonly and customarily” recognized throughout the medical profession, as a result of which was excluded from coverage under the terms of the policy. Plaintiff appeals. We affirm.

*90I.

In 1987, Wanda Maurine Holder was diagnosed with breast cancer. The tumor and surrounding…

2Cases cited9 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Max I. Bittner v. Sadoff & Rudoy IndustriesCourt of Appeals for the Seventh Circuit · 1984
  3. Pirozzi v. Blue Cross-Blue Shield of VirginiaDistrict Court, E.D. Virginia · 1990
  4. Dozsa v. Crum & Forster InsuranceDistrict Court, D. New Jersey · 1989
  5. Adams v. Blue Cross/Blue Shield of Maryland, Inc.District Court, D. Maryland · 1991

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3Cited by1 opinion

  1. Joe Frank Holder, Individually, and as Independent of the Estate of Wanda Maurine Holder, Deceased v. Prudential Insurance Company of America, and Andy Mathis, Joe Frank Holder, Individually, and as Independent of the Estate of Wanda Maurine Holder, Deceased v. The Prudential Insurance Company of America and Andy MathisCourt of Appeals for the Fifth Circuit · 1992

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